PAROLE |
Tanner v. Canada (Attorney General)
A-175-03
2004 FCA 7, Sexton J.A.
12/1/04
3 pp.
Appeal from Trial Division's decision setting aside National Parole Board (Board) revocation of respondent's pardon on basis he knowingly concealed summary conviction offence under Income Tax Act (ITA) when applying for pardon--Board stated because form of pardon application clear in instructing applicants to list all criminal convictions, respondent must have knowingly concealed ITA conviction--Appellant arguing when Board said non- disclosure "a deliberate decision" this amounted to "knowing concealment"--Argument misses point--Evidence demonstrated deliberate decision of respondent not to include ITA offence--However, not meaning appellant knowingly made false statement--Evidence was that he believed not obliged to list information--Respondent attached list of convictions received from Royal Canadian Mounted Police to his application for pardon, rather than personally filling in space in form provided with details of convictions--In attaching information adverse to himself, which not obliged to provide, such as other offences with which charged but not convicted, respondent indicated intention not to conceal-- Appeal dismissed--Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1.